Ch. 7: Process Serving Flashcards
What is the main purpose of “Service of Process”?
a) To intimidate the opposing party
b) To give the initiating party an advantage in the lawsuit
c) To officially notify another party that a lawsuit has been initiated against them
d) To publicize the lawsuit to the community
c) To officially notify another party that a lawsuit has been initiated against them
How many processes can a private investigator serve per calendar year without process server registration, according to the document?
a) 5 processes
b) 8 processes
c) 10 processes
d) 12 processes
c) 10 processes
Who else, besides private investigators and process servers, can serve papers in a lawsuit, according to the document?
a) Any lawyer involved in the case
b) Any judge
c) Any person over the age of 18 who is not a party to the case
d) Only law enforcement officers
c) Any person over the age of 18 who is not a party to the case
What is the difference between a summons and a subpoena?
a) A summons is an order to appear in court, while a subpoena is a notice of a lawsuit
b) A summons is a notice of a lawsuit, while a subpoena is an order by the court to do something
c) There is no difference between the two
d) A summons is used in criminal cases, while a subpoena is used in civil cases
b) A summons is a notice of a lawsuit, while a subpoena is an order by the court to do something
What is a potential consequence of ignoring a summons?
a) Contempt of court and jail time
b) Immediate loss of the case through default
c) A warning from the judge
d) Nothing happens
b) Immediate loss of the case through default
Generally, subpoena power ends at what boundary?
a) City limits
b) County line
c) State border
d) National border
c) State border
What does Federal Rules of Civil Procedure 4(e)(1) state regarding serving a summons in a federal case?
a) Only federal marshals can serve a summons
b) It must follow federal law only, regardless of state law
c) It may follow the state law where the district court is located or where service is made
d) Only attorneys can serve a summons in federal cases
c) It may follow the state law where the district court is located or where service is made
What must be attached to every summons?
a) A witness list
b) A complaint
c) A subpoena
d) A motion for discovery
b) A complaint
What is “substituted service”?
a) Serving the summons by mail
b) Serving the summons to someone other than the person named on the summons
c) Serving the summons to an attorney instead of the individual
d) Serving the summons by posting it on the door
b) Serving the summons to someone other than the person named on the summons
If you need to serve a corporate officer, where can you leave the summons and complaint, according to the document?
a) At their home address only
b) At their local post office box
c) At their office during normal business hours
d) At any public place
c) At their office during normal business hours
If the location of the physical office is unknown, where else can you leave the summons and complaint?
a) With the mail carrier
b) With anyone at a United States Postal Service post office
c) With the person apparently in charge of the mailing address (excluding USPS post offices)
d) At the nearest police station
c) With the person apparently in charge of the mailing address (excluding USPS post offices)
What must you also do, in addition to leaving a copy with the person in charge, when serving a summons and complaint at a mailing address?
a) Call the individual being served
b) Notify the court clerk
c) Mail a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served
d) Publish a notice in the local newspaper
c) Mail a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served
What does “personal service” ensure, according to the document?
a) The summons is mailed immediately
b) The greatest reliability that the summoned person is aware they’re involved in a lawsuit
c) The process is faster than other methods
d) Only attorneys can do the service
b) The greatest reliability that the summoned person is aware they’re involved in a lawsuit
What does CCP §415.20(b) state regarding substituted service if personal service cannot be achieved with “reasonable diligence”?
a) It is not allowed under any circumstances
b) You must publish the summons in a newspaper
c) You may leave a copy with a “competent member of the household” who is 18 years of age or older
d) You must file a motion with the court to appoint a special process server
c) You may leave a copy with a “competent member of the household” who is 18 years of age or older
How many attempts at personal service are generally suggested before resorting to substituted service, according to the document?
a) One attempt
b) Two or three attempts
c) Five attempts
d) Ten attempts
b) Two or three attempts
What legal authority do you have to enter private property, whether fenced or not, when process serving?
a) No special authority
b) Authority only with the owner’s permission
c) Legal authority to enter private property to perform process serving
d) Authority only if you have a police escort
c) Legal authority to enter private property to perform process serving
What must you show a gate guard in a gated community to gain access for process serving, according to the document?
a) Only your private investigator license
b) Your driver’s license or state ID card, your private investigator license, and let the guard know who you’re serving
c) A court order
d) A letter from the attorney who hired you
b) Your driver’s license or state ID card, your private investigator license, and let the guard know who you’re serving
When mailing a summons and complaint as allowed by a civil code section, what else must you include besides the documents themselves?
a) A letter of explanation
b) Two copies of the notice and acknowledgment, and a return envelope, postage prepaid, addressed to the sender
c) A copy of the complaint filed with the court
d) A witness list
b) Two copies of the notice and acknowledgment, and a return envelope, postage prepaid, addressed to the sender
How long should be sufficient time to serve a party in a lawsuit?
a) 60 days
b) 6 months
c) 1 year
d) 3 years
d) 3 years
What must you file after serving the opposing party?
a) A motion to dismiss
b) A Proof of Service within 60 days
c) A request for a trial date
d) An appeal
b) A Proof of Service within 60 days
